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An employee inquired whether medical insurance premiums paid by their company for themselves and their spouse constitute benefits in kind. The Directorate General for Taxes (DGT) ruled that only the employee's premiums qualify, as the spouse's premiums are fully recovered through payroll deductions.
Cuestión planteada Tratamiento fiscal aplicable a las primas de seguro, en particular:
Las primas del seguro médico del trabajador constituyen retribución en especie al ser asumidas por la empresa, pudiendo aplicarse la exención del artículo 42.3.c) de la LIRPF. Las primas del cónyuge no son retribución en especie porque el coste es soportado por el trabajador mediante descuento en nómina, lo que supone una mera mediación de pago sin exención aplicable.
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